Terms of Use Go Back
  1. Acceptance of Terms
  2. Products and Services
  3. Use of Site
  4. Third Party Links
  5. Scanned Data
  6. Limitation and Disclamer of Warranties; Limitaion of Liability
  7. Termination and Right to Use Site
  8. Privacy and Security
  9. Applicable Law
  10. Return Address and Costs
  11. Miscellaneous
  12. Contact
  13. Effective Date
Terms of Service
1. Acceptance of Terms.

Welcome to Arroweye Solutions, Inc. ("Arroweye"). Arroweye provides its service to you subject to the following Terms of Service (“Terms”). By accessing a Arroweye website (each, a “Site”) on the Internet or World Wide Web and/or clicking on the yes button at the bottom of this page, you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of any Site. In addition, when using particular Arroweye services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms. We may refuse any or all of our services to anyone at any time, in our sole discretion. This site is intended for use by individuals who are at least 13 years of age. If your parent or guardian has any concerns, please feel free to contact us via email at service@arroweye.com.


2. Products and Services.

Through a Site you may select and customize (with text, pictures or graphics) various products, including but not limited to greeting cards and gift cards (some of which may be customized) (“Arroweye Products”). When you have completed and paid for your order, Arroweye will produce the Arroweye Products you have selected and send them to the recipients specified by you. The pricing for Arroweye Products, which is stated in U.S. dollars, is set forth on the applicable Site, and incorporated into these Terms by reference. Please note that prices and fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order.


3. Use of Site.

3.1 Proprietary Rights.
The Sites contain or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by Arroweye Solutions, Inc. or an affiliated company, or other third parties (the “Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Arroweye.com and other Arroweye logos and product and service names are trademarks of Arroweye Solutions, Inc. (the “Arroweye Marks”). Without Arroweye’ written permission, you agree not to display or use in any manner, the Arroweye Marks.


3.2 No Framing.
You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from a Site on any other server or Internet-based device without the advance written authorization of Arroweye or its licensors or licensees, respectively.


3.3 Online Conduct.
Your use of a Site is subject to applicable local, state, federal and International law. Your use of a Site in violation of this Section 3.3 governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages.
You agree not to use a Site or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to:
(a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site;
(e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party;
(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site;
(i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.

3.4 Use of Content.
Arroweye grants you permission to access and view each of its Sites and to electronically design Arroweye Products for the sole purpose of submitting an order. Any other use of the Sites or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of a Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.


4. Third Party Links, Products and Services.

Our products and services may be made available to you through the use of third-party web sites (“Third-Party Portals”). If you accessed a Site through a link from a Third-Party Portal or if a Site provides links to any third-party sites, you agree that we have no control over the content on such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.


5. Scanned Data.

Copyright Policy, Representation and Indemnity.
You are wholly responsible for any data you transmit to the Site (“Scanned Data”), whether such data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no Scanned Data you transmit to a Site violates any copyright or trademark right, and that it complies with Section 5.2 of these Terms. Before transmitting Scanned Data to a Site, you should assure that such Scanned Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Scanned Data to a Site and/or by submitting Scanned Data for integration into any Arroweye Product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Scanned Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us that the Scanned Data are in the public domain; or that you have all right, title and interest in and to all copyrights in the Scanned Data, or that you have the express permission to copy and use such Scanned Data for all purposes related to the products you order through the Site. You further represent that the Scanned Data do not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.


Scanned Data Content Policy and Acknowledgement; Compliance with Law.
You may not upload to a Site any material that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. (Material of the type described in clauses (a) and (b) is referred to, collectively, as “Inappropriate Content”).
The content of the Scanned Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the Scanned Data. However, we (and our licensees, suppliers, fulfillers, and Third-Party Portals, and merchants offering products through a Site (“Merchants”)) reserve the right at all times to review the Scanned Data, to disclose the Scanned Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Scanned Data, to remove the Scanned Data, and to refuse to perform any orders for processing or fulfillment for Scanned Data that are, in our sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. In the event that you submit Scanned Data to a Site for inclusion on a gift card and the Merchant issuing the gift card believes the gift card contains Inappropriate Content, the Merchant may reserve the right to refuse to honor the gift card.


Respect for Reputation.
In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that Arroweye and its affiliated companies will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
Furthermore, you agree to refrain from using the services offered through the Site, including ordering any Arroweye Products, in any manner that would cause damage to the public reputation of Arroweye, its affiliated companies, and their employees, shareholders, board members, Merchants, or third parties for which Arroweye provides services. In the event that you use or publicly display any products ordered through the Site, including by display on the Internet, in order to intentionally bring harm to Arroweye or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Third-Party Portals, or Merchants, Arroweye reserves the right to demand the immediate return of the Arroweye Product(s) ordered from a Site, to invalidate, without refund, the value of any gift card included in such Arroweye Products, and to pursue any and all further remedies available to Arroweye and its affiliated companies under the law.


Indemnification.
You agree to indemnify us and hold us and our licensees, suppliers and fulfillers, owners and operators of Third-Party Portals and Merchants, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that the Scanned Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited under Section 5.3. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.


6. Limitation and Disclaimer of Warranties; Limitation of Liability.

You agree that in the event of any damage to or loss of an Arroweye Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third-Party Portals and Merchants), and your sole remedy, is at our option, to replace the lost or damaged Arroweye Product(s) or provide you with a refund or credit, for the cost of the purchase price for lost or damaged Arroweye Product(s). You must submit a claim within thirty (30) days of the damage or loss.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED. ALL SITES, CONTENT, AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER ARROWEYE NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS OR MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.
Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if we, or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, Arroweye Product, or Scanned Data, the inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.


7. Termination of Right to Use a Site.

We reserve the right to terminate your right to use one or more Sites if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of your right to use one or more Sites, we will remove your account privileges. We will have no obligation to return to you your Scanned Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Arroweye terminates your right to use a Site, is to receive a refund for any products paid for but not processed or fulfilled by Arroweye, if any.


8. Privacy and Security.

We will protect and use information provided by you as set forth in the Privacy Policy posted on each Site, as applicable. You agree not to violate or attempt to violate the security of any Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to a Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
You understand that your account information on the Sites is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. Arroweye is entitled to rely on the fact that any Scanned Data, orders for Arroweye Products or other information sent to any Site under your User ID and Password for that Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact Arroweye immediately.


9. Applicable Law.

These Sites are controlled by Arroweye from its offices within the State of Illinois, United States of America. Since the Sites can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Illinois, by accessing a Site both you and Arroweye agree that the statutes and laws of the state of Illinois, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its contents. Arroweye makes no representation that the Contents are appropriate or will be available for use in other locations. If you use a Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in the United States. You and Arroweye further agree to submit to the exclusive personal jurisdiction and venue of the Cook County District Court and the United States District Court for the Northern District of Illinois with respect to any matters relating to the services, the use of a Site and its Contents, or any transactions arising therefrom. Any action brought by you with respect to anything related to a Site must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


10. Return Address and Costs.

Arroweye will automatically print a return address on every Arroweye Product that you print and mail using the applicable Site. The default return address is the address supplied to us by you for your profile. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on the Site. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice, other than as set forth on the relevant Site.


11. Miscellaneous.

For purposes of these Terms, “you” and “your” shall mean you and “we”, “us,” and “our” means Arroweye and its affiliated companies. Title and risk of loss for products purchased by you through a Site passes to you upon delivery of the products to our carrier or our licensees carrier for shipment to you. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any Site.


The failure of Arroweye to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Arroweye in writing. Your use of a Site, however, is subject to the additional disclaimers and caveats that may appear throughout such Site.
The failure of Arroweye to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Arroweye in writing. Your use of a Site, however, is subject to the additional disclaimers and caveats that may appear throughout such Site.


12.Contact

You may contact Arroweye at the following address:


Arroweye Solutions, Inc.
549 W. Randolph Street, Suite 200, Chicago, IL 60661
 
800-605-9722 
customercare@arroweye.com


CH02/ 22466371.5



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